[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Proposed Rules]
[Page 14760-14766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap09-19]
[[Page 14760]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 090211163-9167-01]
RIN 0648-AX69
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2009
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes management measures for the 2009 summer
flounder, scup, and black sea bass recreational fisheries. The
implementing regulations for these fisheries require NMFS to publish
recreational measures for the fishing year and to provide an
opportunity for public comment. The intent of these measures is to
prevent overfishing of the summer flounder, scup, and black sea bass
resources.
DATES: Comments must be received by 5 p.m. local time, on May 1, 2009.
ADDRESSES: You may submit comments, identified by RIN 0648-AX69, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Mail and hand delivery: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on 2009 Summer Flounder, Scup, and Black Sea Bass
Recreational Measures.''
Fax: (978) 281-9135. Send the fax to the attention of the
Sustainable Fisheries Division. Include ``Comments on 2009 Summer
Flounder, Scup, and Black Sea Bass Recreational Measures'' prominently
on the fax.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the recreational management measures document, including
the Environmental Assessment, Regulatory Impact Review, and Initial
Regulatory Flexibility Analysis (EA/RIR/IRFA) and other supporting
documents for the recreational management measures are available from
Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management
Council, Room 2115, Federal Building, 300 South New Street, Dover, DE
19901-6790. These documents are also accessible via the Internet at
http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy
Analyst, (978) 281-9104.
SUPPLEMENTARY INFORMATION:
Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission), in consultation with the New
England and South Atlantic Fishery Management Councils. The management
units specified in the FMP include summer flounder (Paralichthys
dentatus) in U.S. waters of the Atlantic Ocean from the southern border
of North Carolina (NC) northward to the U.S./Canada border, and scup
(Stenotomus chrysops) and black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from 35[deg]13.3' N. lat. (the
latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the
U.S./Canada border.
The Council prepared the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq. Regulations implementing the FMP appear at 50
CFR part 648, subparts A (general provisions), G (summer flounder), H
(scup), and I (black sea bass). General regulations governing U.S.
fisheries also appear at 50 CFR part 600. States manage summer flounder
within 3 nautical miles of their coasts, under the Commission's plan
for summer flounder, scup, and black sea bass. The Federal regulations
govern vessels fishing in the exclusive economic zone (EEZ), as well as
vessels possessing a Federal fisheries permit, regardless of where they
fish.
The FMP established Monitoring Committees (Committees) for the
three fisheries, consisting of representatives from the Commission, the
Mid-Atlantic Council, state marine fishery agency representatives from
MA to NC, and NMFS. The FMP and its implementing regulations require
the Committees to review scientific and other relevant information
annually and to recommend management measures necessary to achieve the
recreational harvest limits established for the summer flounder, scup,
and black sea bass fisheries for the upcoming fishing year. The FMP
limits these measures to minimum fish size, possession limit, and
fishing season.
The Council's Demersal Species Committee and the Commission's
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then
consider the Committees' recommendations and any public comment in
making their recommendations to the Council and the Commission,
respectively. The Council then reviews the recommendations of the
Demersal Species Committee, makes its own recommendations, and forwards
them to NMFS for review. The Commission similarly adopts
recommendations for the states. NMFS is required to review the
Council's recommendations to ensure that they are consistent with the
targets specified for each species in the FMP.
Quota specifications for the 2009 summer flounder, scup, and black
sea bass fisheries were published on January 2, 2009 (74 FR 29). Based
on these specifications, the 2009 coastwide recreational harvest limits
are 7,158,600 lb (3,247 mt) for summer flounder, 2,585,952 lb (1,173
mt) for scup, and 1,137,810 lb (516 mt) for black sea bass. The
specification rules did not establish recreational measures, since
final recreational catch data for 2008 were not available when the
Council made its recreational harvest limit recommendation to NMFS.
All minimum fish sizes discussed hereafter are total length
measurements of the fish, i.e., the straight-line distance from the tip
of the snout to the end of the tail while the fish is lying on its
side. For black sea bass, total length measurement does not include the
caudal fin tendril. All possession limits discussed below are per
person.
Summer Flounder
Recreational landings for 2008 were estimated to have been 8.14
million lb (3,692 mt). This exceeded, by approximately 31 percent, the
2008 recreational harvest limit of 6.22 million lb (2,821 mt). All
states except DE, VA, and NC are projected to have exceeded their state
harvest limits established
[[Page 14761]]
under the conservation equivalency system utilized to manage the 2008
recreational summer flounder fishery. The magnitude of the overages
ranged from a low of 9 percent for NJ to a high of 105 percent for MD.
The 2009 coastwide harvest limit is 7.16 million lb (3,247 mt), a
15.1-percent increase from the 2008 harvest limit of 6.22 million lb
(2,821 mt). However, given the magnitude of the 2008 overages, landings
must be reduced by 12 percent coastwide from the 2008 levels to ensure
that the 2009 harvest limit is not exceeded. The Council is
recommending conservation equivalency, described as follows, that would
require individual states to reduce summer flounder landings (measured
in number of fish) to achieve the necessary recreational harvest
reductions for 2009.
NMFS implemented Framework Adjustment 2 to the FMP (Framework
Adjustment 2) on July 29, 2001 (66 FR 36208), which established a
process that makes conservation equivalency an option for the summer
flounder recreational fishery. Conservation equivalency allows each
state to establish its own recreational management measures (possession
limits, minimum fish size, and fishing seasons) to achieve its state
harvest limit, as long as the combined effect of all of the states'
management measures achieves the same level of conservation as would
Federal coastwide measures developed to achieve the overall
recreational harvest limit, if implemented by all of the states.
The Council and Board recommend annually that either state-specific
recreational measures be developed (conservation equivalency) or
coastwide management measures be implemented by all states to ensure
that the recreational harvest limit will not be exceeded. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of coastwide measures that would apply if conservation
equivalency is not approved.
If conservation equivalency is recommended, and following
confirmation that the proposed state measures would achieve
conservation equivalency, NMFS may waive the permit condition found at
Sec. 648.4(b), which requires federally permitted vessels to comply
with the more restrictive management measures when state and Federal
measures differ. In such a situation, federally permitted charter/party
permit holders and recreational vessels fishing for summer flounder in
the EEZ would then be subject to the recreational fishing measures
implemented by the state in which they land summer flounder, rather
than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures. The Commission would require adoption of the
precautionary default measures by any state that either does not submit
a summer flounder management proposal to the Commission's Summer
Flounder Technical Committee (Technical Committee), or that submits
measures that are determined not to achieve the required level of
reduction for that state. The precautionary default measures are
defined as the set of measures that would achieve at least the highest
percent reduction for any state on a coastwide basis.
In December 2008, the Council and Board voted to recommend
conservation equivalency to achieve the 2009 recreational harvest
limit. The Commission's conservation equivalency guidelines require the
states to determine and implement appropriate state-specific management
measures (i.e., possession limits, fish size limits, and fishing
seasons) to achieve state-specific harvest limits. States may also form
voluntary regions wherein the member states' measures must achieve the
overall reduction required for the region in question.
For 2009, the Commission is requiring that states that must reduce
landings to ensure that at least 50 percent of the percent reduction
derive from a modification to the fishing season. The Monitoring
Committee and the Technical Committee have both stated that
modification of season length is typically more effective at reducing
landings than are modifications to minimum fish size and possession
limits. The Commission is not requiring the use of any other
adjustments or reductions similar to the performance-based adjustment
factor that was utilized in 2008.
According to the conservation equivalency procedures established in
Framework Adjustment 2, each state except DE, VA, and NC would be
required to reduce 2009 landings by the percentages shown in Table 1.
DE, VA, and NC may submit more liberal management measures, provided
that they are sufficient to ensure their 2009 state harvest limits are
not exceeded. ME and NH have no recreational summer flounder harvest
limit and are not required to submit management measures to the
Commission.
Under conservation equivalency, state-specific landings from 1998
are used as the baseline for individual state's reductions, because
1998 was the last year that recreational summer regulations were
consistent along the coast. Recreational landings in 1998 were 6.978
million fish coastwide; the 2009 recreational harvest limit translates
into 2.069 million fish (i.e., 7.16 million lb (3,247 mt) recreational
harvest limit divided by predicted 2009 average fish weight of 3.46 lb/
fish (1.57 kg/fish)). As such, landings must be reduced by 70.4 percent
in 2009 to achieve the 1998 baseline level of landings.
Table 1. 2009 Conservation Equivalency State-Specific Harvest Targets
(thousands of fish): 1998 Baseline; 2009 Target, 2008 Projected
Landings, and Percent Reductions.
------------------------------------------------------------------------
1998 2008
Baseline 2009 Projected Required
State Target Target Landings Percent
(X '000 (X '000 (X '000 Reduction
fish) fish)\A\ fish) for 2009
------------------------------------------------------------------------
MA 383 114 150 24
RI 395 117 200 42
CT 261 77 118 35
NY 1,230 365 600 39
NJ 2,728 809 870 7
DE 219 65 33 0
MD 206 61 125 51
VA 1,165 345 231 0
NC 391 116 54 0
------------------------------------------------------------------------
\A\ Based on a 70.4-percent reduction in 1998 landings and an estimated
2009 mean fish weight of 3.46 lb (1.57 kg)
The Board required that each state submit its conservation
equivalency proposals to the Commission by late January 2009. The
Technical Committee then evaluated the proposals and advised the Board
of each proposal's consistency with respect to achieving the coastwide
recreational harvest limit. The Commission invited public participation
in its review process by allowing public comment on the state proposals
at the Technical Committee meeting held on January 28, 2009. The Board
met on February 3, 2009, and approved a range of management proposals
for each state designed to attain conservation equivalency. Once the
states select and submit their final summer flounder management
measures to the Commission, the Commission will notify NMFS as to which
individual state proposals have been approved or disapproved. NMFS
retains the final authority either to approve or to disapprove using
conservation equivalency in place of the coastwide measures and will
publish its
[[Page 14762]]
determination as a final rule in the Federal Register to establish the
2009 recreational measures for these fisheries.
States that do not submit conservation equivalency proposals, or
whose proposals are disapproved by the Commission, will be required by
the Commission to adopt the precautionary default measures. In the case
of states that are initially assigned precautionary default measures,
but subsequently receive Commission approval of revised state measures,
NMFS will publish a notice in the Federal Register announcing a waiver
of the permit condition at Sec. 648.4(b). The suite of state proposals
for 2009 has initially been approved by the Commission. Therefore, a
state would only be required to implement precautionary default
measures if the measures submitted for final Commission approval are
different than those preliminarily approved by the Commission or for
failing to finalize conservation equivalent measures for 2009.
The precautionary default measures recommended by the Council and
Board during their joint December 2008 meeting are for a 21.5-inch
(54.61-cm) minimum fish size, a possession limit of one fish, and an
open season of July 4 through September 7, 2009.
As described above, for each fishing year, NMFS implements either
coastwide measures or conservation equivalent measures at the final
rule stage. The coastwide measures recommended by the Council and Board
for 2009 are a 20-inch (50.80-cm) minimum fish size, a possession limit
of two fish, and an open season from May 1 to September 30, 2009.
In this action, NMFS proposes to implement conservation equivalency
with a precautionary default backstop, as previously outlined, for
states that either fail to submit conservation equivalent measures or
whose measures are disapproved by the Commission. NMFS proposes the
non-preferred alternative of coastwide measures, as previously
described, for use if conservation equivalency is not approved in the
final rule. The coastwide measures would be waived if conservation
equivalency is approved in the final rule.
Scup
The 2009 scup recreational harvest limit is 2,585,952 lb (1,173
mt), a 41-percent increase from the 2008 recreational harvest limit of
1.83 million lb (830 mt). Recreational landings are estimated to have
been 4.75 million lb (2,155 mt).
Development of scup recreational management measures has been
substantially complicated for 2009 following the results of a Northeast
Fisheries Science Center (Center) Data Poor Stocks Working Group
(DPSWG). The peer-reviewed results of the DPSWG has resulted in the
adoption of revised scup biological reference points, a new stock
assessment modeling approach, and a more favorable overall status of
the stock than was previously available. In fact, the scup stock is now
considered rebuilt, not overfished, and not subject to overfishing in
2007, the year for which the most recent information was available
during the DPSWG.
The Council and Commission, at the time of their December 9-11,
2008, meeting, did not have the final DPSWG results; these were not
available until January 20, 2009. As such, the Council and Commission
adopted recommendations for scup measures based on the proposed 2009
scup TAL and recreational harvest limit as outlined in the October 28,
2008, proposed rule (73 FR 63934) issued by NMFS. This was a TAL of
7.34 million lb (3,329 mt) and a recreational harvest limit of 1.83
million lb (830 mt). This would have required a 63-percent reduction in
scup landings for 2009.
The DPSWG peer-review was concluded December 12, 2008. The peer-
review panel recommended during the meeting proceedings that the new
modeling approach, biological reference points, and revised stock
status be accepted for management advice for scup, provided sufficient
attention was paid to the many uncertainties remaining in the new
assessment. On the strength of this recommendation, NMFS increased the
scup TAL from the 7.34 million lb (3,329 mt) proposed in October, to an
11.18-million-lb (4,170-mt) scup TAL in the final rule for the 2009
specifications. This increased the recreational harvest limit from 1.83
million lb (830 mt) to 2.59 million lb (1,173 mt). However, the Council
was unable to revisit its recommendation, so the preferred measures
proposed by the Council include a 12-inch (30.48-cm) minimum fish size,
a January 1-February 28 and October 1-October 31, 2009, fishing season,
and a 25-fish possession limit. The non-preferred alternatives offered
by the Council were to retain status quo measures from 2008 or to close
the Federal waters of the EEZ for 2009.
On February 3, 2009, the Commission's Scup Management Board (Board)
elected to maintain status quo scup management measures from 2008 for
state waters in 2009. Under this system, the states from MA to NY,
which typically account for 95 to 97 percent of state water scup
harvest, would have similar measures: Different minimum fish sizes;
possession limits; and fishing seasons for private vessels/shore based
anglers and party/charter vessels. A minimum fish size of 10.5 inches
(26.7 cm), a common possession limit (10 fish), and a May 24 through
September 26 fishing season for private vessels and shore-based
anglers; party and charter vessels could take scup for up to 126 days
under two distinct seasons with separate minimum fish sizes, possession
limits, and seasons. One charter/party season, designated as ``bonus
fishery,'' has a minimum fish size of 11.0 inches (27.94 cm), a 45-fish
possession limit, and is constrained to a 45-day period within May 15
through October 15. The second party/charter season designation is the
``non-bonus fishery,'' which carries an 11.0-inch (27.94-cm) minimum
fish size, a 10-fish possession limit, and is 81 days in duration
either prior to or following the dates of the open season. Due to low
scup landings in NJ through NC, the Board approved the retention of
status quo management measures for those states, i.e., a 10-inch
(25.40-cm) minimum fish size, a 50-fish possession limit, and open
seasons of January 1 through February 29 and September 18 through
November 30.
Very little of the scup recreational harvest comes from the Federal
waters of the EEZ. The average total scup recreational harvest from
Federal waters for the years 1998-2007 is slightly over 6 percent. In
2007, the percentage was slightly over 2 percent. NMFS is proposing to
implement the Council's non-preferred alternative of status quo for the
2009 fishing year: A 10.5-inch (26.67-cm) minimum fish size; a 15-fish
per person possession limit; and open seasons of January 1 through
February 28, and October 1 through October 31, 2009. While these
measures may result in a minor increase in 2009 scup recreational
landings, the majority of landings will occur from state waters where
NMFS has no jurisdiction. The state or Federal combined recreational
landings are not likely to result in the scup stock being overfished or
to result in overfishing.
Black Sea Bass
Recreational landings in 2008 were estimated to have been 1.27
million lb (576 mt)--40 percent below the 2008 target of 2.11 million
lb (957 mt) but 10.5 percent above the 2009 target of 1.137 million lb
(516 mt). The 2009 recreational harvest limit of 1.137 million lb (516
mt) is a 46.1-percent
[[Page 14763]]
decrease from the 2008 target. Based on 2008 estimated landings, a 10-
percent reduction in coastwide landings is necessary to achieve the
2009 target.
For Federal waters, the Council and Board have recommended measures
that would increase the 12.0-inch (30.48-cm) minimum fish size from
2008 to 12.5 inches (31.75 cm) in 2009 and maintain the status quo 25-
fish possession limit and open season of January 1 through December 31,
2009. NMFS proposes to implement the Council and Board recommended
measures, which are expected to constrain recreational black sea bass
landings to the 2009 target.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section of the preamble
and in the SUMMARY. A summary of the analysis follows. A copy of the
complete IRFA is available from the Council (see ADDRESSES).
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
The proposed action could affect any recreational angler who fishes
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for summer flounder, scup, and/
or black sea bass. However, the IRFA focuses upon the impacts on party/
charter vessels issued a Federal permit for summer flounder, scup, and/
or black sea bass, because these vessels are considered small entities
for the purposes of the RFA, i.e., businesses in the recreational
fishery with gross revenues of up to $6.5 million. These small entities
can be specifically identified in the Federal vessel permit database
and would be impacted by the recreational measures, regardless of
whether they fish in Federal or state waters. Although individual
recreational anglers are likely to be impacted, they are not considered
small entities under the RFA. Also, there is no permit requirement to
participate in these fisheries; thus, it would be difficult to quantify
any impacts on recreational anglers in general.
The Council estimated that the proposed measures could affect any
of the 962 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2007, the most recent year for
which complete permit data are available. However, only 342 of these
vessels reported active participation in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2007.
In the IRFA, the no-action alternative (i.e., maintenance of the
regulations as codified) is defined as implementation of the following:
(1) For summer flounder, coastwide measures of a 20-inch (50.8-cm)
minimum fish size, a 2-fish possession limit, and a season from May 1
through September 30, i.e., the Federal regulatory measure that would
be implemented if conservation equivalency is not implemented in the
final rule; (2) for scup, a 10.5-inch (26.67-cm) minimum fish size, a
15-fish possession limit, and open seasons of January 1 through
February 28, and October 1 through October 31; and (3) for black sea
bass, a 12-inch (30.48-cm) minimum size, a 25-fish possession limit,
and an open season of January 1 through December 31.
The no-action alternative for scup is the same (status quo) set of
measures being proposed for 2009. As such, since there is no regulatory
change being proposed for scup, there is no further discussion of the
economic impacts within this section.
The impacts of the proposed action on small entities (i.e.,
federally permitted party/charter vessels in each state in the
Northeast region) was analyzed, assessing potential changes in gross
revenues for all 18 combinations of alternatives proposed. Although
NMFS's RFA guidance recommends assessing changes in profitability as a
result of proposed measures, the quantitative impacts were instead
evaluated using changes in party/charter vessel revenues as a proxy for
profitability. This is because reliable cost and revenue information is
not available for charter/party vessels at this time. Without reliable
cost and revenue data, profits cannot be discriminated from gross
revenues. As reliable cost data become available, impacts to
profitability can be more accurately forecast. Similarly, changes to
long-term solvency were not assessed due both to the absence of cost
data and because the recreational management measures change annually
according to the specification-setting process. Effects of the various
management measures were analyzed by employing quantitative approaches,
to the extent possible. Where quantitative data were not available,
qualitative analyses were utilized. Management measures proposed under
the summer flounder conservation equivalency alternative (Summer
Flounder Alternative 1) have yet to be adopted; therefore, potential
losses under this alternative could not be analyzed in conjunction with
various alternatives proposed for scup and black sea bass. Since
conservation equivalency allows each state to tailor specific
recreational fishing measures to the needs of that state, while still
achieving conservation goals, it is likely that the measures developed
under this alternative, when considered in combination with the
measures proposed for scup and black sea bass, would have fewer overall
adverse effects than any of the other combinations that were analyzed.
Impacts for other combinations of alternatives were examined by
first estimating the number of angler trips aboard party/charter
vessels in each state in 2008 that would have been affected by the
proposed 2009 management measures. All 2008 party/charter fishing trips
that would have been constrained by the proposed 2009 measures in each
state were considered to be affected trips. MRFSS data indicate that
anglers took 37.49 million fishing trips in 2008 in the Northeastern
U.S., and that party/charter anglers accounted for 5 percent of the
angler fishing trips, private/rental boat trips accounted for 51
percent of angler fishing trips, and shore trips accounted for 44
percent of recreational angler fishing trips. The number of party/
charter trips in each state ranged from 36,566 in DE to 335,740 in NJ
(excluding ME and NH).
There is very little empirical evidence available to estimate how
the party/charter vessel anglers might be affected by the proposed
fishing regulations. If the proposed measures discourage trip-taking
behavior among some of the affected anglers, economic losses may accrue
to the party/charter vessel industry in the form of reduced access
fees. On the other hand, if the proposed measures do not have a
negative impact on the value or satisfaction the affected anglers
derive from their fishing trips, party/charter revenues would remain
unaffected by this action. In an attempt to estimate the potential
changes in gross revenues to the party/charter vessel industry in each
state, two hypothetical scenarios were considered:
[[Page 14764]]
A 25-percent reduction, and a 50-percent reduction, in the number of
fishing trips that are predicted to be affected by implementation of
the management measures in the Northeast (ME through NC) in 2009.
Total economic losses to party/charter vessels were then estimated
by multiplying the number of potentially affected trips in each state
in 2009, under the two hypothetical scenarios, by the estimated average
access fee of $60.86\1\ paid by party/charter anglers in the Northeast
in 2007. Finally, total economic losses were divided by the number of
federally permitted party/charter vessels that participated in the
summer flounder fisheries in 2007 in each state (according to homeport
state in the Northeast Region Permit Database) to obtain an estimate of
the average projected gross revenue loss per party/charter vessel in
2009. The analysis assumed that angler effort and catch rates in 2009
will be similar to 2008.
---------------------------------------------------------------------------
\1\ 2006 party/charter average expenditure estimate of $57.76
adjusted to 2008 equivalent using Bureau of Labor's Consumer Price
Index.
---------------------------------------------------------------------------
The Council noted that this method is likely to overestimate the
potential revenue losses that would result from implementation of the
proposed measures in these three fisheries for several reasons. First,
the analysis likely overestimates the potential revenue impacts of
these measures because some anglers would continue to take party/
charter vessel trips, even if the restrictions limit their landings.
Also, some anglers may engage in catch and release fishing and/or
target other species. It was not possible to estimate the sensitivity
of anglers to specific management measures. Second, the universe of
party/charter vessels that participate in the fisheries is likely to be
even larger than presented in these analyses, as party/charter vessels
that do not possess a Federal summer flounder, scup, or black sea bass
permit because they fish only in state waters are not represented in
the analyses. Considering the large proportion of landings from state
waters (e.g., more than 90 percent of summer flounder and 94 percent of
scup landings in 2007, respectively), it is probable that some party/
charter vessels fish only in state waters and, thus, do not hold
Federal permits for these fisheries. Third, economic losses are
estimated under two hypothetical scenarios: (1) A 25-percent and (2) a
50-percent reduction in the number of fishing trips that are predicted
to be affected by implementation of the management measures in the
Northeast in 2009. Reductions in fishing effort of this magnitude in
2009 are not likely to occur, given the fact that the proposed measures
do not prohibit anglers from keeping at least some of the fish they
catch, or the fact that there are alternative species to harvest.
Again, it is likely that at least some of the potentially affected
anglers would not reduce their effort when faced with the proposed
landings restrictions, thereby contributing to the potential
overestimation of potential impacts for 2009.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to 7.16 million lb (3,247 mt) by imposing
coastwide Federal measures throughout the EEZ. As described earlier,
upon confirmation that the proposed state measures would achieve
conservation equivalency, NMFS may waive the permit condition found at
Sec. 648.4(b), which requires federally permitted vessels to comply
with the more restrictive management measures when state and Federal
measures differ. Federally permitted charter/party permit holders and
recreational vessels fishing for summer flounder in the EEZ then would
be subject to the recreational fishing measures implemented by the
state in which they land summer flounder, rather than the coastwide
measures.
The impact of the proposed summer flounder conservation equivalency
alternative (in Summer Flounder Alternative 1) among states is likely
to be similar to the level of landings reductions that are required of
each state. As indicated above, each state except DE, VA, and NC would
be required to reduce summer flounder landings in 2009, relative to
state 2008 landings, by the percentages shown in Table 1 of the
preamble of this proposed rule. If the preferred conservation
equivalency alternative is effective at achieving the recreational
harvest limit, then it is likely to be the only alternative that
minimizes adverse economic impacts, to the extent practicable, yet
achieves the biological objectives of the FMP. Because states have a
choice, it is expected that the states would adopt conservation
equivalent measures that result in fewer adverse economic impacts than
the more restrictive Commission adopted, NMFS proposed precautionary
default measures (i.e., 21.5-inch (54.61-cm) minimum fish size, a
possession limit of one fish, and an open season of July 4 through
September 7). Under the precautionary default measures, impacted trips
are defined as trips taken in 2008 that landed at least one summer
flounder smaller than 21.5 inches (54.61 cm) or landed summer flounder
during closed seasons. The analysis concluded that implementation of
precautionary default measures could affect 3.0 percent of the party/
charter vessel trips in the Northeast, including those trips where no
summer flounder were caught.
The impacts of the NMFS proposed summer flounder coastwide
alternative, i.e., a 20-inch (50.80-cm) minimum fish size, a two-fish
possession limit, and a fishing season from May 1 through September 30,
were evaluated using the quantitative method described above. Impacted
trips were defined as individual angler trips taken aboard party/
charter vessels in 2008 that landed at least one summer flounder
smaller than 20 inches (50.80 cm), that landed more than two summer
flounder, or landed summer flounder during closed seasons. The analysis
concluded that the measures would affect 0.69 percent of the party/
charter vessel trips in the Northeast, including those trips where no
summer flounder were caught.
Continuation of the current regulatory summer flounder coastwide
management measures (i.e., a 19-inch (48.26-cm) minimum fish size, two-
fish possession limit, and a May 23 through September 1 fishing season)
is not expected to constrain 2009 landings to the recreational harvest
limit; therefore, continuation of those measures would be inconsistent
with the summer flounder rebuilding program, the FMP, and the Magnuson-
Stevens Act.
Impacts of Black Sea Bass Alternatives
The proposed action for the black sea bass recreational fishery
would limit coastwide catch to 1.14 million lb (516 mt) by imposing
coastwide Federal measures throughout the EEZ. The impact of the
Council and Commission preferred black sea bass alternative (Black Sea
Bass Alternative 1; a 12.5-inch (31.75-cm) minimum fish size, a 25-fish
per person possession limit, and an open season of January 1-December
31, 2009) would reduce black sea bass landings by 12 percent in 2009
from 2008 levels. Impacted trips were defined as trips taken in 2008
that landed at least one black sea bass smaller than 12.5 inches (31.75
cm) or landed more than 25 black sea bass. Analysis concluded that 0.52
percent of federally permitted party/charter vessel trips could be
impacted by this alternative.
The impacts of the non-preferred black sea bass coastwide
alternative for status quo (Black Sea Bass Alternative 2; 12.0-inch
(30.87-cm) minimum fish size, 25-fish per person possession limit, and
no closed season) is not
[[Page 14765]]
expected to constrain 2009 landings to the recreational harvest limit;
therefore, continuation of those measures in Federal waters would be
inconsistent with the FMP and the Magnuson-Stevens Act.
Black Sea Bass Alternative 3, (a 12.0-inch (30.87-cm) minimum fish
size, 25-fish per person possession limit, and closed fishing season
from May 16-June 14, 2009) would reduce landings by 13.3 percent. This
is the most restrictive alternative analyzed by the Council.
Implementation of this alternative would result in a greater reduction
than is required for the 2009 recreational black sea bass fishery.
Regionally, projected federally permitted party/charter revenue
losses in 2009 range from $1.20 million to $5.72 million in sales,
$440,000 to $1.94 million in income, and between 38 and 192 jobs, if a
25-percent reduction in the number of affected trips occurs. The
estimated losses are approximately twice as high if a 50-percent
reduction in affected trips is assumed to occur.
Potential revenue losses in 2009 could differ for federally
permitted party/charter vessels that land more than one of the
regulated species. The cumulative maximum gross revenue loss per vessel
varies by the combination of permits held and by state. All 18
potential combinations of management alternatives for summer flounder,
scup, and black sea bass are predicted to affect party/charter vessel
revenues to some extent in all of the northeastern coastal states.
Although potential losses were estimated for party/charter vessels
operating out of ME and NH, these results are suppressed for
confidentiality purposes. Average party/charter losses for federally
permitted vessels operating in the remaining states are estimated to
vary across the 18 combinations of alternatives. For example, in MD,
average losses are predicted to range from a high of $7,068 per vessel
to a low of $1,860 per vessel, assuming a 25-percent reduction in
effort, as described above. Average gross revenue losses per vessel
under each of the 18 combinations of alternatives were generally
highest in NC followed by NY, MA, MD, NJ, RI, VA, CT, then DE.
Summary
The 2009 recreational harvest limits for summer flounder and scup
are 15.3- and 41.5-percent higher, respectively, than the recreational
harvest limits for year 2008. The 2009 black sea bass recreational
harvest limit is 46 percent lower than the 2008 recreational harvest
limit.
The 2008 summer flounder recreational fishery exceeded the
recreational harvest limit by 31 percent. As a result, the proposed
recreational management measures for summer flounder are likely to be
more restrictive for 2009 (i.e., either larger minimum fish size, lower
possession limits, and/or shorter fishing seasons) under the proposed
conservation equivalency system (Summer Flounder Alternative 1) than
those in place in 2008, given the magnitude of exceeding the previous
year recreational harvest limit.
The scup recreational harvest limit was substantially increased for
2009. Action taken by the Commission to maintain status quo measures
for state waters will result in landings that are similar to 2008. Only
a very minor fraction of the recreational harvest limit is taken in the
Federal waters of the EEZ. While retaining status quo measures for
Federal waters may result in minor increases in scup recreational
landings, over 95 percent of landings are expected to occur from state
waters that are outside NMFS's jurisdiction. Given the revised stock
status for scup, maintenance of the status quo is not expected to
result in overfishing or moving the stock towards an overfished
condition.
The proposed measures for black sea bass are more restrictive than
the measures in place for 2008.
The proposed management measures, or management system in the case
of conservation equivalency, were chosen because they allow for the
maximum level of recreational landings, while allowing the NMFS to
achieve the objectives of the FMP. Summer flounder conservation
equivalency permits states to implement management measures tailored,
to some degree, to meet the needs of their individual recreational
fishery participants, provided the level of reduction is equal to the
overall reduction needed coastwide, consistent with Framework
Adjustment 2 to the FMP. The maintenance of scup status quo was
selected because it will allow for a modest fishery in Federal waters
while ensuring that overfishing does not occur in 2009. The majority of
scup recreational harvest occurs within state waters, beyond the
jurisdiction of NMFS. The black sea bass management measures were
selected as they are projected to permit the maximum amount of landings
under the 2009 recreational harvest limit.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 26, 2009
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.102, the first sentence is revised to read as
follows:
Sec. 648.102 Time restrictions.
Unless otherwise specified pursuant to Sec. 648.107, vessels that
are not eligible for a moratorium permit under Sec. 648.4(a)(3) and
fishermen subject to the possession limit may fish for summer flounder
from May 1 through September 30. * * *
* * * * *
3. In Sec. 648.103, paragraph (b) is revised to read as follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 20.0 inch (50.80 cm) TL for all
vessels that do not qualify for a moratorium permit, and charter boats
holding a moratorium permit if fishing with more than three crew
members, or party boats holding a moratorium permit if fishing with
passengers for hire or carrying more than five crew members.
* * * * *
4. In Sec. 648.105, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.105 Possession restrictions.
(a) Unless otherwise specified pursuant to Sec. 648.107, no person
shall possess more than two summer flounder in, or harvested from, the
EEZ, unless that person is the owner or operator of a fishing vessel
issued a summer flounder moratorium permit, or is issued a summer
flounder dealer permit. * * *
* * * * *
5. In Sec. 648.107, paragraph (a) introductory text and paragraph
(b) are revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North
[[Page 14766]]
Carolina for 2009 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size, and possession limit prescribed in Sec. Sec. 648.102,
648.103(b) and 648.105(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season - July 4 through September 7; minimum size - 21.5 inches (54.61
cm); and possession limit - one fish.
6. In Sec. 648.143,paragraph (b) is revised to read as follows:
Sec. 648.143 Minimum sizes.
* * * * *
(b) The minimum fish size for black sea bass is 12.5 inches (31.75
cm) TL for all vessels that do not qualify for a moratorium permit, and
for party boats holding a moratorium permit, if fishing with passengers
for hire or carrying more than five crew members, and for charter boats
holding a moratorium permit, if fishing with more than three crew
members.
* * * * *
[FR Doc. E9-7323 Filed 3-31-09; 8:45 am]
BILLING CODE 3510-22-S